Legal Opinion
Messer v. Harbor Distributing Corp. (In Re C & R Beer & Soda, Inc.)
United States Bankruptcy Court, E.D. New York
Decided September 7, 1995No. 8-19-70795PublishedCited by 6 opinions
1Opinion of the Court
DECISION ON CROSS-MOTIONS OF DEFENDANTS FOR SUMMARY JUDGMENT ASSERTING FAILURE OF TRUSTEE TO COMMENCE TIMELY AVOIDANCE ACTIONS UNDER 11 U.S.C. § 546(a)
JEROME FELLER, Bankruptcy Judge.
These two adversary proceedings were brought by the Chapter 7 Trustee of C & R Beer & Soda, Inc. (“C & R” or “Debtor”), formerly a retail beer and soda distributor, against product suppliers (collectively “Defendants”) to recover alleged preferential payments pursuant to 11 U.S.C. § 547(b). Specifically, the lawsuits seek to recover the aggregate amounts of $653,586.54 and $85,-459.54 paid to Harbor Distributing…
2Cases cited34 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Colautti v. FranklinSupreme Court of the United States · 1979
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank ThompsonCourt of Appeals for the Tenth Circuit · 1990
- In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
29 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cohen v. National Union Fire Insurance (In Re County Seat Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2002
- Starzynski v. Sequoia Forest IndustriesCourt of Appeals for the Tenth Circuit · 1995
- Mendelsohn v. Sequa Financial Corp. (In Re Frank Santora Equipment Corp.)District Court, E.D. New York · 1999
- In Re Frank Santora Equipment Corp.District Court, E.D. New York · 1997
- Starzynski v. Sequoia Forest IndustriesCourt of Appeals for the Tenth Circuit · 1995
1 more not listed; retrieve them via the Exa API.